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Hemel and Posner Further Examine William Barr's Memo to the Justice Department

Yes, Bill Barr’s Memo Really is Wrong About Obstruction of Justice

Daniel J. Hemel
Eric A. Posner
January 26, 2019
Lawfare

In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W. Bush and has been nominated by President Trump for that post again, had seriously damaged his credibility by sending an unsolicited and poorly reasoned memo to the Justice Department and the White House arguing that Special Counsel Robert Mueller “should not be permitted to demand that the President submit to interrogation about alleged obstruction.” At the National Review, Andrew McCarthy says that our op-ed is “surprisingly vapid” and that the Barr memorandum’s legal advice is “sound.” We explain below why McCarthy’s arguments are mistaken.